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Calcutta High CourtCRM (NDPS)/1712/2024rejected

Swapan Das v. State Of West Bengal

2024-10-29Hon'Ble Justice Hiranmay Bhattacharyya,Hon'Ble Justice Md. Shabbar Rashidi1 pages

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION (VACATION BENCH) CRM (NDPS) 1712 of 2024 In Re:- An application for Bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 439 of the Code of Criminal Procedure) filed on October 22, 2024 in connection with Contai Police Station Case No. 251 of 2024 dated 18.04.2024 under Sections 20(b)(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act. (T.R. NDPS Case No. 7 of 2024) And In the matter of : SWAPAN DAS ......Petitioner MR. MANOJ ADAK, ADVOCATE ......for the Petitioner MR. DEBASIS ROY, LD. PUBLIC PROSECUTOR MS. MADHUMITA BASAK, ADVOCATE ......for the State

1. The petitioner has filed the instant application for bail in TUESDAY COURT : 08 ITEM : 01 MATTER : 439 STATUS : REJECTED BENCH ID : 266264 AR COURT : NANDY connection with Contai Police Station Case No. 251 of 2024 dated 18.04.2024 under Sections 20(b)(ii)(c) of the Narcotic Drugs & Psychotropic Substances Act.

2. Huge quantity of contraband was recovered from a public bus. The petitioner happens to be the conductor of the said bus. The contraband was seized in presence of independent witnesses.

3. There are statements in the case diary in support of the case of the prosecution.

4. Under such circumstances, we are of the opinion that the petitioner has not been able to overcome the restrictions under Section 37 of the Narcotic Drugs & Psychotropic Substances Act.

5. Accordingly, the prayer for bail is rejected.

6. The application for bail being CRM (NDPS) 1712 of 2024 is dismissed.

(HIRANMAY BHATTACHARYYA, J) (MD. SHABBAR RASHIDI, J)